USDA UPDATES:Certification of Compliance with New Meal Pattern RequirementsMichigan Department of EducationSchool Nutrition Programs June 2012

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Agenda

BackgroundCertification - SFA ResponsibilitiesCertification - MDE ResponsibilitiesSY 2012-13 Validation ReviewsAdministrative ReviewsQuestions

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Background - HHFKARequires SFAs follow the updated meal patterns (rule published January 26, 2012)

Provides performance-based reimbursement for SFAs that demonstrate compliance with updated meal pattern – this includes both lunch and breakfast

Additional reimbursement is available October 1, 2012

6 cents reimbursement will be adjusted beginning July 2013

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Background - Interim RuleThe interim rule lays out the requirements and framework for certification for the performance-based reimbursementThe certification process works as follows:

SFA submits certification documentation to Michigan Department of Education (MDE)MDE makes a certification determination within 60 daysMDE conduct validation review of at least 25 percent of certified SFAs in SY 2012-13

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Background - Interim Rule Some aspects of the meal pattern are phased in over several years

SFAs must demonstrate compliance with those requirements in effect at time of certification

SFAs must demonstrate compliance with both breakfast and lunch if SFA offers breakfast

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Certification – SFA Responsibilities

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Certification - DefinitionElectronic documentation submitted to MDE by the SFA to demonstrate compliance with new meal pattern requirements

Documentation must include both breakfast and lunch if SFA offers breakfast

Representative of meal service for all schools within the SFA

MDE will review and approve or deny documentation for certification

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Certification Options

Option 1: SFA submits one week menus, menu worksheet and nutrient analysis

Option 2: SFA submits one week menus, menu worksheet and simplified nutrient assessment

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Certification – Option 1

SFAs must submit: ◦ One week of menus for each menu type

offered ◦ Detailed menu worksheet ◦ Nutrient analysis of calories and saturated fat

for each menu type

Menu worksheet includes food items and quantities used to assess compliance

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Certification – Option 2SFAs must submit:◦ One week of menus for each menu type

offered ◦ Detailed menu worksheet ◦ Simplified Nutrient Assessment of calories

and saturated fat for each menu type

Simplified nutrient assessment will serve as a proxy for a nutrient analysis

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Certification DocumentationMenu Type: For each certification option SFAs must submit one week of each menu offered (for both breakfast and lunch) within the SFA, by age grade group

Example: If an SFA serves an elementary, middle and high school menu for lunch and one menu for breakfast, the SFA must submit four menus and four menu worksheets

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Certification Documentation MDE will providing a detailed menu worksheet and simplified nutrient assessment tool

MDE will provide training on how to complete the detailed menu worksheet and simplified nutrient assessment tool.

USDA will provide guidance and training for these materials also

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Certification Documentation

Documentation must reflect current meal service:

• Meals served in the calendar month the certification materials are submitted

• Meals served in the month preceding the calendar month of submission

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Certification Documentation-Submission

Early submission (before Sept 30, 2012)

SFAs may submit documentation for compliance reflecting planned meal service for October or November 2012

Example: If an SFA submits certification documentation in August 2012, the documentation for compliance must reflect meals planned for October or November 2012

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Certification Documentation-Attestation

As part of certification, SFAs must attest that:◦ They are in compliance with all current meal

pattern requirements◦ Documentation is representative of the

ongoing meal service within the SFA ◦ The minimum required food quantities for all

meal components are available to students in every serving line

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Certification Documentation-Submission

MDE will be using a Michigan Electronic Grants System Plus (MEGS+) application for submission and approval of certification documentation.

More information will be forthcoming on that application.

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Certification - MDE Responsibilities

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Certification – MDE ResponsibilitiesMDE may not approve/deny certification until July 1, 2012

SFAs can start earning 6 cents reimbursement October 1,2012

For applications submitted on or before September 30, 2012, the State agency has 60 days from October 1, 2012 to review certification materials and make a determination

Example: If an SFA submits certification materials on August 15, 2012 with planned menus for October 1, 2012, the State agency has 60 days from October 1, 2012 to make a certification determination

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Certification – MDE Responsibilities

Promptly disburse 6 cents reimbursement to the certified SFA for each lunch served beginning at the start of the month in which the certified menus are served

Example: If menus for the week of March 15-19, 2013 are certified in May 2013, MDE will retroactively reimburse the additional 6 cents for all lunches served on or after March 1, 2013

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SY 2012-13 Validation Reviews

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SY 2012-13 Validation Reviews

SY 2012-13 Validation Review: An on-site visit conducted by MDE to affirm that a certified SFA has been and continues to meet the updated meal patterns

Validation reviews are only required in SY 2012-13

During a validation review, MDE must:• Observe a meal service for each type of menu certified• Review the school production records for observed meals• Review the documentation submitted for certification

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SY 2012-13 Validation Reviews

MDE will be conducting random on-site validation reviews of at least 25 percent of SFAs certified via documentation (Options 1 and 2)

Review one school representing each type of menu certified

Must be completed by June 30, 2013

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SY 2012-13 Validation Reviews

For validation reviews, just fiscal action associated with 6 cents

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SY 2012-13 Validation ReviewsIf the MDE is unable to validate the certification documentation, MDE must assess:

◦ Whether corrective action can occur immediately; and◦ The longevity and severity of the problems

These assessments determine whether an SFA can earn the 6 cents in the future and what fiscal action occurs in the current month and prior periods

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SY 2012-13 Validation Reviews

If corrective action does occur immediately◦ 6 cents is not turned off for future months

If corrective action does not occur immediately◦ 6 cents must be turned off for future months

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SY 2012-13 Validation Reviews

The Michigan Department of Education has discretion to determine proper fiscal action

The longevity and severity of the violation determines fiscal action for the 6 cents

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SY 2012-13 Validation Reviews

SFAs whose 6 cents is turned off for future months as a result of the validation review must re-apply for certification

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SY 2012-13 Validation Reviews-Noncompliance and Appeals

It is important to note that when non-compliance with the new meal pattern is found during a SY 2012-13 validation review, the SFA must re-apply for certification

SFAs cannot appeal the MDE’s denial of certification

SFAs can appeal the MDE’s turn off of the 6 cents reimbursement

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Administrative Reviews (CRE)

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SY 2012-13 Administrative Reviews

MDE will be doing a limited number of administrative reviews (CRE) in SY 2012-13.

Additional Administrative Reviews (AARs)Planned follow up reviews Administrative Reviews of any “at-risk” SFAs

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SY 2013-14 Administrative Review

Final Meal Pattern Rule◦ 3 year State agency review cycle

Begins School Year 2013-14 (July 1, 2013)Breakfast included in administrative review

◦ SMI reviews eliminated

◦ Modified Performance Standard 2 (CRE) Nutrition Provisions

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SY 2013-14 Administrative Review

First year of new 3 year cycle MDE must review any SFA whose review was postponed in SY 2012-13

In addition, State agencies are required to conduct an administrative review of non-certified SFAs early in the review cycle

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Questions??

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